Hi everyone, I am currently studying law and have come accross the Mental Capacity Act 2005, I have a understanding of the general application of the act however the 'best interest test' in frequently used however I have failed to find this so far.
Can any one plese clarify it to me please.
Thank you.
I use this quite often in trying to inform decision making around best interest decisions. Best Interest Checklist It is recognised that most significant decisions regarding someone who lacks capacity will be made in the context of a multidisciplinary discussion. However, the ‘decision maker’ is the person who is proposing to take action so in the case of medical treatment it is the doctor, if nursing care the nurse, if social care then social worker and so on. Section 4 of the Mental Capacity Act sets out a checklist of factors to be considered by the decision maker whilst considering the best interests of the person. A brief summary is given below but reference should be made to the Mental Capacity Act Code of Practice. Factors to be considered
I use this quite often in trying to inform decision making around best interest decisions.
Best Interest Checklist
It is recognised that most significant decisions regarding someone who lacks capacity will be made in the context of a multidisciplinary discussion.
However, the ‘decision maker’ is the person who is proposing to take action so in the case of medical treatment it is the doctor, if nursing care the nurse, if social care then social worker and so on.
Section 4 of the Mental Capacity Act sets out a checklist of factors to be considered by the decision maker whilst considering the best interests of the
person. A brief summary is given below but reference should be made to the Mental Capacity Act Code of Practice.
Factors to be considered
No decision is made solely on the basis of a persons age, appearance or other aspect of behaviour that might lead others to make unjustified assumptions.
All relevant circumstances have to be considered
Likelihood of regaining capacity – could the decision be delayed?
As far as possible encourage the person to participate.
If life-sustaining treatment then the decision must not be motivated by a desire to bring about their death.
Is it possible to ascertain the persons past and present wishes and feelings?
Is it possible to ascertain their beliefs and values?
The views of other people in particular anyone formerly named by the person to be consulted, those involved in caring for the person, those interested in their welfare, donees of a lasting power of attorney or any court deputy. Consultation with Independent Mental Capacity Advocate if one is required. Decisions must be clearly recorded in the case notes. Hope this helps..
Consultation with Independent Mental Capacity Advocate if one is required.
Decisions must be clearly recorded in the case notes.
Hope this helps..